JHABUL RAM Vs. DISTRICT JUDGE BALLIA

JUDGEMENT

(1.) HEARD Sri Vishnu Kumar Singh, holding brief of Sri R. N. Singh, learned counsel representing the petitioner and Sri M. A. Qadeer learned counsel representing the contesting respondent no. 3.

(2.) THE respondent no. 3 instituted Small Cause Case No 25 of 1980, Mohd. Idris v. Jhabul Ram, in the Court of Judge Small Causes/Munsif (East), Ballia, for ejectment of the petitioner from the shop in dispute and for recovery of arrears of rent together with damages. THE petitioner resisted the suit on the ground that there was no arrears and that the requisite notice under section 20 of the U. P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972, hereinafter called the Act, and section 106 of the Transfer of Property Act, 1882 had not been served on him. He also claimed the benefit of sub-section (4) of Section 20 of the Act.

(3.) TWO decrees and judgments dated 22nd January, 1981 and 19th May, 1981, passed by the Judge, Small Causes, Ballia and the District Judge, Ballia, aforesaid, are under challenge in this petition under Article 226 of the Constitution of India.